Attorney General Kwame Raoul on Wednesday joined with 45 other attorneys general to announce a $120 million settlement with Johnson & Johnson and Medical Device Business Inc., formerly known as DePuy Inc., to resolve allegations that DePuy unlawfully promoted its metal-on-metal hip implant devices, the ASR XL and the Pinnacle Ultamet. Raoul and the attorneys general allege that DePuy engaged in unfair and deceptive practices in its promotion of the ASR XL and Pinnacle Ultamet hip implant devices by making misleading claims as to the longevity, also known as survivorship, of metal-on-metal hip implants. DePuy advertised that the ASR XL hip implant had a survivorship of 99.2 percent at three years when the National Joint Registry of England and Wales reported a seven percent revision rate at three years.  Under the settlement, DePuy will reform how it markets and promotes its hip implants to:

• Base claims of survivorship, stability or dislocations on scientific information and the most recent dataset available from a registry for any DePuy hip implant device.

• Maintain a post market surveillance program and complaint handling program.

• Update and maintain internal product complaint handling operating procedures including training of complaint reviewers.